William Beckett v Wyre Forest District Council
[2024] UKFTT 725 (GRC)
Penelope Beckett v Wyre Forest District Council
8 July 2024
[2024] UKFTT 726 (GRC)
First-tier Tribunal
A landlord was fined for not making their rental properties energy efficient enough. The court said the landlord should have known the rules and the fines were fair, even though the landlord had some personal difficulties.
Key Facts
- •Penelope Beckett appealed two penalty notices (PNs) from Wyre Forest District Council for breaches of regulation 23 of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.
- •The breaches related to two properties (Property 1 and Property 2) let with EPC ratings below the minimum standard after April 1, 2020.
- •The council imposed a £1500 financial penalty (FP) for each property.
- •The appellant argued it was inappropriate to serve PNs given personal circumstances (pandemic difficulties, family responsibilities, etc.) and lack of support from the council.
- •The appellant claimed to have undertaken works to improve energy efficiency after the enforcement action.
- •The respondent argued the appellant had ample time to comply before the enforcement action and failed to exercise due diligence.
Legal Principles
Landlords have a legal obligation to ensure their properties meet minimum EPC standards under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.
The Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015, regulation 23
The onus is on the landlord to be aware of and comply with relevant legislation.
Tribunal Judge Findlay's decision
Personal difficulties, while relevant, do not absolve landlords from their legal responsibilities.
Tribunal Judge Findlay's decision
Failure to exercise due diligence in complying with regulations may result in penalties.
Tribunal Judge Findlay's decision
Outcomes
Appeals dismissed.
The tribunal found the appellant had ample opportunity to comply with the regulations, failed to exercise due diligence, and that personal circumstances did not excuse non-compliance. The council's actions were deemed appropriate.
Penalty Notices affirmed.
Breaches of regulation 23 were established, and no mitigating circumstances justified reducing the penalties.
Financial Penalties of £1500 imposed for each property.
The penalties were deemed appropriate given the breaches and lack of mitigating circumstances.